posted by Jennifer Hlad on Jan 29

Mark Waple, Maj. Galvin’s civilian lawyer, began his closing statement by clarifying what he called “mischaracterizations” in Sanchez’s statement.

For example, he said, any “go fever” that may have existed was on the part of MARSOC (Marine Corps Forces Special Operations Command) and MARCENT (Marine Corps Forces Central Command), not MSOC-F.

He then outlined six questions the panel will likely address, and some evidence to support an answer to those questions.

First, he said, the question of whether the Marines experienced at least one complex attack.

At least two dozen pieces of evidence indicate the Marines did, in fact, come under at least one complex attack, Waple said, including the way traffic behaved, testimony from 16 Marines about hearing small arms fire, brass shell casings found in the area, opinions from EOD specialists about bullet impacts in one of the Humvees and information from a non-Afghan witness nearby about hearing two distinct types of gunfire.

The second question is could the Marine make up the story about the complex attack, Waple said. The answer, he said, is no. That answer is supported by the descriptions the Marines gave on the radio immediately after the IED blast — which would not have allowed enough time to create a false story, as well as the information they gave when they arrived back at the base.

“They didn’t stop for 15 minutes and get in a huddle,” he said.

The third question is whether Afghan citizens had reason to lie about what happened, Waple said, and there are “at least 20 reasons” to believe that people were motivated and did lie.

Tribal elders told some citizens to say they were injured to get money, Waple said, and the number of Afghans who volunteered to be interviewed by NCIS agents increased substantially after the first solatia ceremony.

There are a number of reasons to believe Haji Liwani Qumandan “was up to no good” on the morning of March 4, Waple said, including his testimony that he was carrying $10,000 worth of Afghan currency in his car, but no weapon for protection.

The fourth question, Waple said, was “Did MSOC-F exercise proportionate and discriminate fire?”

The fact that most of the damage to the blue Prado was to specific areas and that Afghans have testified the Marines still used hand and arm signals after the blast to get vehicles to move indicated that they did not use excessive force, Waple said.

The fifth question is how thorough and reliable was the investigation by Col. Pihana, and what impact did that have on the NCIS investigation, Waple said. The answer is “not very,” he said.

Pihana did not interview the ROC watch officer, did not interview the interpreter who was traveling with the convoy, did not ask for ammunition logs and changed his mind about small arms fire after talking to Afghan witnesses, among other problems, Waple said.

And the last is whether there was a disconnect between MSOC-F and CJSOTF and Task Force Spartan, Waple said.

“There clearly was a major disconnect,” which is part of why the court of inquiry was even called, he said.

MSOC-F was “long on teeth and short on tail. And CJSOTF couldn’t … or wouldn’t, provide the tail.”

The conclusions Waple said he’d like to see are: that there was no failure or deriliction of duty by Maj. Galvin on March 4, that the use of force by MSOC-F was consistent with the rules of engagment at the time, the efforts to document the mission and situation were sufficient, and that the command climate fostered by Galvin was appropriate.

Waple said he and everyone involved regrets the possible deaths and injuries of civilians, but that the responsibility for those deaths and injuries lies with the individuals responsible for the attack.

“We are simply asking that you treat Maj. Galvin and Capt. Noble fairly,” he said.

posted by Jennifer Hlad on Jan 10

In case you are coming into this a little late (in which case I am sure you are confused!), here is a copy of a story I wrote before the inquiry began, giving some background on what is going on. After this story was published, the start date was moved to Monday (Jan. 7)

There is also a link at the right you can follow to find more stories about the proceedings.

Please also feel free to e-mail me with any questions, and I will try to post some more detailed background soon.

 

Inquiry into Afghan shootings begins at Camp Lejeune

DAILY NEWS STAFF

CAMP LEJEUNE — A court of inquiry into the shooting of civilians in Afghanistan last year will convene Tuesday morning at Camp Lejeune.

The inquiry will examine what happened March 4 in the Nangahar Province in Afghanistan, when Army officials say a Marine special operations unit opened fire on the crowd along a roadway, killing as many as 19 civilians and injuring 50 others.

Proceedings will begin at 8 a.m Tuesday and are expected to last two weeks.

The court of inquiry will consider whether the Marines followed rules of engagement, as well as examining the conduct of the convoy, fire discipline, reporting and documentation of the incident, and the command climate in the company, according to a Marine Corps press release.

Three senior commissioned officers with combat experience will make up the court, and the officers will consider evidence gathered by Naval Criminal Investigative Service investigators and other sources, according to the release.

The officers will specifically examine the roles of Maj. Fred C. Galvin, who was the company’s commander at the time of the shootings, and Capt. Vincent J. Noble, the platoon commander at the time.

The court of inquiry is a fact-finding process designed to determine what happened and where responsibility may lie, according to the press release. It is not a criminal proceeding, and none of the Marines have been charged with violations of the Uniform Code of Military Justice.

The court will present its findings to Lt. Gen. Samuel Helland, commander of U.S. Marine Corps Forces Central Command, who will make a decision about how to proceed.

posted by Jennifer Hlad on Jan 8

For brevity, I may refer to people by their last name only or their title in future posts. Just in case, here is a list of some of the key players in the court of inquiry:

Panel:

Col. Barton Sloat

Col. John O’Rourke

Lt. Col. Steven Morgan

Counsel for the court:

Designated counsel and legal advisor: Col. Daniel Lecce

Assistant counsel to the court: Maj. Phillip Sanchez and Maj. Kurt Sanger

Parties designated in the inquiry:

Maj. Fred Galvin, represented by Lt. Col. Scott Jack (military lawyer) and Mark Waple (civilian lawyer)

Capt. Vincent Noble, represented by Maj. Kevin Woodard (military lawyer) and Knox Nunnally (civilian lawyer)

posted by Jennifer Hlad on Jan 8

The last time the Marine Corps used a court of inquiry was in 1956 after a drill instructor marched a platoon of recruits into Ribbon Creek — so not everyone is clear on the logistics of a court of inquiry.

For clarity and background, public affairs officer Lt. Col. Sean Gibson provided a document explaining the differences between a court of inquiry and an Article 32 hearing.

“An article 32 investigation hearing is a judicial proceeding that takes place after criminal charges have been preferred against an individual. A court of inquiry is not a criminal proceeding,” the document reads.

“A court of inquiry is an administrative fact-finding body. It is not a criminal or judicial proceeding and it is important to remember that nobody has been accused of a crime. A panel of three or more officers (three in this case) is charged with examining into and inquiring into an incident, and when directed by the convening authority, provide findings of fact, opinions and recommendations about the incident.”

In this case, the court of inquiry will provide their findings to Lt. Gen. Samuel Helland, commander of U.S. Marine Corps Forces Central Command, who then will make a decision about how to proceed.

The investigating officer in an Article 32 hearing makes recommendations about possible administrative or disciplinary action against the accused person, according to the document provided by Gibson. But the recommendations by the panel after a court of inquiry can range from “recommendations about corrective action related to tactics, training and procedures,” or other recommendations in addition to administrative or disciplinary action.

So why is the Marine Corps using a court of inquiry for this incident?

According to the release from Gibson, “the convening authority wanted the facts and evidence available to be evaluated by a panel of senior officers with combat experience in order to get as complete an understanding as what occured and where responsibility may lay before making any further decisions.”